Former FBI director Louis Freeh talks about the report on the investigation into Penn State’s involvement in the Jerry Sandusky scandal. Freeh was tasked by the Penn State Board of Trustees to lead Penn State's internal investigation of the Sandusky scandal. JOE HERMITT, The Patriot-News
(Joe Hermitt, The Patriot-News)

Editor's note: This story has been edited to clarify that the issue before the federal judge is not whether to dismiss the potential lawsuit, but whether it properly belongs in the jurisdiction of Centre County Court.

WILLIAMSPORT — Whether a federal defamation lawsuit brought by former Penn State President Graham Spanier against Louis Freeh and his law firm is remanded to Centre County court depends on whether diversity of citizenship is established.

U.S. Middle District Judge Malachy Mannion has given Freeh and the Freeh, Sporkin & Sullivan law firm until next Monday to show why the case should not go back to Centre County.

Spanier contends someone in the law firm lives in Pennsylvania so it is a state court matter. Federal court could assume jurisdiction if the parties are from different states.

Spanier claims the transfer to federal court was improper and he has asked Mannion to remand it. Should the judge agree, Freeh's attempt to move the case into federal court would end.

Spanier has filed only a writ of summons that tolls the statute of limitations. He has won a stay from filing a formal complaint until after criminal charges against him in Dauphin County arising from the Jerry Sandusky child sex-abuse scandal are resolved.

The former Penn State president contends the report Freeh issued on Penn State's handling of the Sandusky matter contains false and defamatory material about him that were knowingly and maliciously published.

Spanier says he was criminally charged in November 2012 as a result of Freeh's report.

He is awaiting trial on charges of endangering the welfare of children, perjury, obstruction of justice, criminal conspiracy and failure to report sexual assault.

Freeh and his law firm were retained by the university to investigate how it handled the Sandusky matter. The former assistant football coach is serving a 30- to 60-year state prison sentence.

Also awaiting trial are retired vice president Gary Schultz and former athletic director Tim Curley.

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